III. D. Appointment of Bob Bright to the Stockyards City Urban Design Committee.

CONFIRMED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, RINEHART, FOSHEE, SIMANK AND JOHNSON.  ABSENT: MCATEE.

     E. Resolution accepting donation from Rotary Club of Oklahoma City for contract for installation of a Leaping Waters Fountain Sculpture to be located at the Ronald J. Norick Downtown Library.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT: RINEHART.

Received by Meg Salyer, President of the Rotary Club, and Ed Porter, Rotary President from 1999-2000.  Vice-Mayor Liebmann said the total amount donated by the Rotary Club for this project was $200,000.

     F. Resolution accepting donation from Beck & Associates Architects for design and installation oversight/administration of a Leaping Waters Fountain Sculpture to be located at the Ronald J. Norick Downtown Library.

ADOPTED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.

Received by Don Beck, Beck Associates Architects, who designed the Ronald J. Norick Downtown Library.

   IV. A. Receive Journal of Council Proceedings for January 13, 2004.

RECEIVED.  MOVED BY JOHNSON, SECONDED BY FOSHEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.

     B. Approve Journal of Council Proceedings for January 6, 2004.

APPROVED.  MOVED BY JOHNSON, SECONDED BY FOSHEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.

    V. Request for Uncontested Continuances.

RECESS COUNCIL MEETING.  9:00 a.m.

CONVENE AS OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY.  9:00 a.m.

(Majority of a Quorum required for approval)

          1. Joint resolution authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2002-13219K, styled: Robert K. Henderson, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

ADOPTED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  FINANCE DEPARTMENT.

     2. a. Joint resolution authorizing Robert S. Lafferrandre to represent municipal employee, Oklahoma City Police Officer Elizabeth Ann Ali in the United States Court for the Western District of Oklahoma, Case No. CIV-03-969-C, styled: Michael Thierry vs. The City of Oklahoma City, et al.

          AND/OR

      b. Enter into Executive Session with the Municipal Counselor to discuss said case as authorized by 25 O.S. (2001) §307(B)(4).

     4. a. Resolution changing the effective date from February 1, 2004 to July 1, 2004, for scheduled changes in green fees, driving range fees, and annual permit fees at Oklahoma City Public Property Authority Golf System golf courses for 2004.

STRICKEN.  PARKS AND RECREATION DEPARTMENT.

          OR

          b. Resolution changing the effective date from February 1, 2004 to March 1, 2004, for scheduled changes in green fees, driving range fees, and annual permit fees at Oklahoma City Public Property Authority Golf System golf courses for 2004.

ADOPTED.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  PARKS AND RECREATION DEPARTMENT.

     5. Resolution re-affirming the authority of the General Manager regarding administration of the Oklahoma City Golf System and clarifying the role of the Oklahoma City Golf Commission.

    Deferred from December 30, 2003.

STRICKEN.  CITY MANAGER’S OFFICE.

ADJOURN OCPPA.  9:02 a.m.

RECONVENE COUNCIL MEETING.

   VI. Consent Docket.

       A. Pricing Agreement award and approval, Premier Cleaning Services, Inc. (C47059), custodial services for the Central Maintenance Facility, January 21, 2004 through June 30, 2004; and acceptance of bond.

AWARDED, APPROVED AND ACCEPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PROCUREMENT SERVICES DIVISION.

       B. Ordinance to be introduced and set for final hearing February 10, 2004, (ABC-560) ABC-1 Alcoholic Beverage Consumption, Restaurant With Limited Alcohol overlaying the C-4 General Business, 5100 Classen Boulevard.  Ward 2.

INTRODUCED AND SET FOR FINAL HEARING FEBRUARY 10, 2004.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PLANNING DEPARTMENT.

       C. Resolution releasing the irrevocable letter of credit for Stone Meadows South, Section 1, north of SW 164^th Street and east of Western Avenue.  Ward 5.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PLANNING DEPARTMENT.

       D. Change Order No. 1 and Amendment No. 2, Project PR-7-01/02, street resurfacing, NW 36^th Street from Classen Boulevard to Portland Avenue; increase of $37,985.41.  Wards 1 and 2.

APPROVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

   VI. E. Amendment No. 3 and Change Order No. 4, Project MP-0213, Construction Phase I of the Recreation and Sports Complex Improvements in South Lakes Park, SW 119^th Street and South Meridian Avenue, increase of $9,612.  Ward 3.

APPROVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

       F. Amendment No. 5, Project DC-0179, drainage improvements, Virginia Avenue from NW 36^th Street to NW 41^st Street, Phase I of Drainage Study Project DC-0153, drainage improvements from NW 24^th Street to NW 41^st Street east of Pennsylvania Avenue; accepting the project; and placing maintenance bond into effect.  Ward 2.

APPROVED, ACCEPTED, AND PLACED IN EFFECT.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

       G. Final acceptances:

          1. Project DM-0212, channel cleaning and maintenance, (nine locations).  Wards 3, 4 and 5.

          2. Project DM-0214, channel cleaning and maintenance, State Fairgrounds to North Canadian River; Sun Valley Acres, Sara Road to Lake Overholser; NW 4^th Street and Morgan Road; and Reno Avenue and Mustang Road.  Wards 1, 3 and 6.

          3. Project DM-0215, channel cleaning and maintenance, Brock Creek, Westwood Boulevard to the North Canadian River.  Ward 6.

ACCEPTED:  G. 1-3.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

       H. Final acceptance, Contract No. PR-1-02/03, street resurfacing, (seven locations); and placing maintenance bond into effect.  Ward 4.

ACCEPTED AND PLACED IN EFFECT.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

   VI. I. Grant of permanent easement to Oklahoma Gas and Electric Service, installation of street light, 2145 SW 41^st Street.  Ward 6.

GRANTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT. 

       J. Memorandum of Understanding with the Oklahoma Industries Authority, Oklahoma County, Oklahoma City Water Utilities Trust, the State of Oklahoma, Battelle Oklahoma, LLC, and The Greater Oklahoma City Chamber of Commerce, Inc., regarding development of The Oklahoma Maintenance, Repair and Overhaul Technology Center at Tinker Air Force Base. 

APPROVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

       K. Revocable Pipeline Permit for the Board of Regents of the University of Oklahoma Health Sciences Center, to construct, operate, and maintain two 18-inch ductile chilled water pipelines in The City’s right-of-way/ public utility easement, NE 13^th Street west of North Kelley Avenue, January 21, 2004 through May 1, 2004.  Ward 7.

APPROVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

       L. Resolution approving Project Agreement with the Oklahoma Department of Transportation, Project STP-55B (770) AG, intersection modification and traffic signals, South Walker Avenue and I-240 (Intersection) Federal Aid Project, $258,000.  Ward 5.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

   VI. M. Resolution extending time to award contract and awarding contract to Lot Maintenance of OK, Inc., Project DM-0230, channel cleaning and maintenance, State Fairgrounds to the North Canadian River; Sun Valley Acres Sara Road to Lake Overholser; NW 4^th Street and Morgan Road; and Reno Avenue and Mustang Road, $42,253; and approving contract and bonds.  Wards 1, 3 and 6.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

       $ N. Change Order No. 25, MAPS Project MB-0449, Library/ Learning Center, Park Avenue and Hudson Avenue, increase of $81,100.81.  Ward 6.

APPROVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

       $ O. Resolutions accepting:

          1. Payment of $4,930.92, from the Metropolitan Library Commission as reimbursement for installing the power and data lines for an electronic marquee sign (Change Order No. 25), MAPS Project MB-0449, Library/Learning Center, Park Avenue and Hudson Avenue.  Ward 6.

          2. Payment of $37,317.18 from the Rotary Club of Oklahoma City as reimbursement for installing the plumbing and electrical lines for a decorative fountain (Change Order No. 25), MAPS Project MB-0449, Library/Learning Center, Park Avenue and Hudson Avenue.  Ward 6.

ADOPTED:  O. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PUBLIC WORKS DEPARTMENT.

   VI. P. Resolution approving application for Federal Recreational Trails Grant administered by the Oklahoma Tourism and Recreation Department of the State of Oklahoma to assist the development of the Cross Timbers Off-Road Vehicle Facility in accordance with the West Elm Creek Reservation ORV Plan, Project WM-0083, $1,200,000 with $300,000 in matching funds dedicated by the Oklahoma City Water Utilities Trust; and authorization to execute the necessary application and acceptance documents.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  WATER AND WASTEWATER UTILTIES DEPARTMENT.

       Q. Resolution authorizing The City of Oklahoma City for the benefit of the Oklahoma City Police Department, to accept a $248,375 grant (2003CKWX0077) from the United States Department of Justice, Office of Community Oriented Policing Services, approving the expenditure budget, ratifying the submittal of the grant application by the Police Department, authorizing the Mayor or his designee to execute the attached paperwork, and authorizing the receipt and deposit of funds.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  POLICE DEPARTMENT.

       R. Resolution declaring the service weapon issued to former Oklahoma City Police Department Major Jessica Cummins surplus, authorizing the Chief of Police to sell the weapon for the fair market value of $220.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  POLICE DEPARTMENT.

       S. Joint resolution approving an agreement with the Oklahoma City Public Property Authority allowing the Trust to participate in the City’s IRC § 125 Flexible Benefits Plan, effective March 1, 2004.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  PERSONNEL DEPARTMENT.

   VI. T. Contract with Sargeant’s Wholesale Biologicals for the disposal of feline carcasses for resale to schools and universities for educational purposes, $4,500 in revenue, January 21, 2004 through January 20, 2006.

APPROVED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  NEIGHBORHOOD SERVICES DEPARTMENT.

       U. Ordinance to be introduced and set for final hearing on February 3, 2004, providing for the issuance of General Obligation Bonds, Series 2004, in the sum of $20,000,000 by The City of Oklahoma City, Oklahoma, authorized at an election duly called and held for such purpose; prescribing form of bonds; providing for a combined bond issue designed “General Obligation Bonds, Series 2004”; prescribing redemption provisions; providing for registration thereof; appointing a paying-agent registrar for the issue; providing for the levy of an annual tax for payment of principal and interest on the bonds; fixing other details of the issue; and approving continuing disclosure agreement.

INTRODUCED AND SET FOR FINAL HEARING FEBRUARY 3, 2004.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  FINANCE DEPARTMENT.

       V. Joint resolution with the Oklahoma City Municipal Facilities Authority authorizing the Risk Manager and the Trust’s legal counsel not to appeal and to comply with the Order of the Workers’ Compensation Court Claim No. 2002-13219K, styled: Robert K. Henderson, Claimant vs. The City of Oklahoma City, Respondent, an Own Risk Carrier.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  FINANCE DEPARTMENT.

       W. 1. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $13,078.37 and all costs of the action in the Oklahoma County District Court in the claim filed by McLoud Telephone Company.

   VI. W. 2. Resolution authorizing the Municipal Counselor to waive service of process and to confess judgment without admission of liability in the amount of $788.63 and all costs of the action in the Oklahoma County District Court in the claim filed by Southwestern Bell Telephone.

ADOPTED:  W. 1,2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  MUNICIPAL COUNSELOR’S OFFICE.

  VII. Concurrence Docket.

     A. Concurrence with the Oklahoma City Water Utilities Trust in approving agreement with Systech Inc., utility billing and customer information system maintenance, support, documentation and various other tasks, $548,250, retroactive to November 7, 2003 through November 6, 2006.

CONCURRED.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: CORNETT AND FOSHEE.  WATER AND WASTEWATER UTILITIES DEPARTMENT.

VIII. Items Requiring Separate Votes.

  A. Ordinance on final hearing (emergency) recommended for approval (five of nine affirmative votes required for approval), (PUD-949) 15801-16425 South Air Depot Boulevard and 6301-6925 SE 164^th Street from AA Agricultural to PUD-949 Planned Unit Development.  Ward 4

     Deferred from December 30, 2003.

ADOPTED WITHOUT EMERGENCY AS AMENDED.  ORD. #22,386.  (AMENDMENT: NORTH SECTION OF APPLICATION TO 2-ACRE LOTS.)  MOVED BY RINEHART, SECONDED BY FOSHEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  PLANNING DEPARTMENT.

VIII. B. Ordinances on final hearing (emergency) recommended for approval (five of nine affirmative votes required for approval):

     1. (ABC-555) ABC-3 Alcoholic Beverage Consumption, Club With Alcohol overlaying the I-2 Moderate Industrial, 4403 SW 3^rd Street.  Ward 3.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,387.  MOVED BY MCATEE, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: FOSHEE.  PLANNING DEPARTMENT.

     2. (PC-9848) 10600 and 10601 North Hudson Avenue from R-1 Single Family Residential to I-1 Light Industrial.  Ward 2.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,388.  MOVED BY BOWMAN, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, SIMANK AND JOHNSON.  ABSENT: FOSHEE.  PLANNING DEPARTMENT.

          3. (PC-9849) 10800 NW 36^th Street and 2801 North Sara Road from AA Agricultural to R-1 Single Family Residential.  Ward 1.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,389.  MOVED BY CORNETT, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  PLANNING DEPARTMENT.

     4. (PC-9850) 10928 SE 29^th Street from AA Agricultural to C-3 Community Commercial.  Ward 4.

ADOPTED WITH EMERGENCY.  ORD. #22,390.  MOVED BY RINEHART, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  EMERGENCY.  MOVED BY RINEHART, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  PLANNING DEPARTMENT.

          5. (PC-9853) 8400 SW 104^th Street and 10941 South Council Road from AA Agricultural to R-A Single Family Rural Residential.  Ward 3.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,391.  MOVED BY MCATEE, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  ABSENT: CORNETT.  PLANNING DEPARTMENT.

VIII. B. 6. (PUD-957) 6915 South Council Road from AA Agricultural to PUD-957 Planned Unit Development.  Ward 3.

DENIED.  MOVED BY MCATEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  PLANNING DEPARTMENT.

          7. (PUD-959) 1500-1540 NE 50^th Street from R-1 Single Family Residential to PUD-959 Planned Unit Development.  Ward 7.

     Easement to be accepted.

     Planning Commission approval subject to the Summary of Technical Evaluation as amended.

ADOPTED WITH EMERGENCY.  ORD. #22,393.  EASEMENT ACCEPTED.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  ABSENT: CORNETT.  EMERGENCY.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  ABSENT: CORNETT.  PLANNING DEPARTMENT.

     8. (PUD-961) 13316 South Western Avenue from O-2 General Office and C-3 Community Commercial to PUD-961 Planned Unit Development.  Ward 5.

     Planning Commission approval subject to the Summary of Technical Evaluation as amended.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,394.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  (AMENDMENT: TO INCLUDE TWO DRIVEWAYS ON WESTERN AVENUE.)  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  ABSENT: CORNETT.  PLANNING DEPARTMENT.

          9. (PUD-962) 1001 SW 149^th Street from AA Agricultural and C-3 Community Commercial to PUD-962 Planned Unit Development.  Ward 5.

     Easement to be accepted.

     Planning Commission approval subject to the Summary of Technical Evaluation as amended.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,395.  EASEMENT ACCEPTED.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY FOSHEE, SECONDED BY MCATEE.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  ABSENT: CORNETT.  PLANNING DEPARTMENT.

VIII. B. 10. (PUD-964) property located south of Memorial Road and east of MacArthur Boulevard from R-1 Single Family Residential to PUD-964 Planned Unit Development.  Ward 8.

     Planning Commission approval subject to the Summary of Technical Evaluation.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,396.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  ABSENT: CORNETT.  PLANNING DEPARTMENT.

          11. (PUD-965) 9209 South Santa Fe Avenue from AA Agricultural to PUD-965 Planned Unit Development.  Ward 5.

          Planning Commission approval subject to the Summary of Technical Evaluation as amended.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,397.  APPROVAL SUBJECT TO THE SUMMARY OF TECHNICAL EVALUATION AS AMENDED.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  ABSENT: CORNETT.  PLANNING DEPARTMENT.

       C. Ordinance on final hearing (emergency) recommended for denial (SN-037) changing the name of SE 77^th Street to Beechwood Avenue, as it extends westerly from Eastern Avenue.  Ward 4.

ADOPTED WITHOUT EMERGENCY.  ORD. #22,392.  MOVED BY RINEHART, SECONDED BY FOSHEE.  AYES:  VICE-MAYOR LIEBMANN, BOWMAN, MCATEE, RINEHART, FOSHEE, SIMANK AND JOHNSON.  ABSENT: CORNETT.  PLANNING DEPARTMENT.

       D. Ordinance on final hearing, relating to zoning, amending Chapter 59, Article VI, Section 59-6200.4.A of the Oklahoma City Municipal Code, 2002, as amended, pertaining to Animal Raising: Personal (2703.1) and Animal Raising: Commercial (2703.2) concerning modifications to the animal raising ordinance.

ADOPTED.  ORD. #22,384.  MOVED BY FOSHEE, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT: RINEHART.  PLANNING DEPARTMENT.

VIII. E. Ordinance on final hearing, relating to Animals and Fowl, amending Chapter 8 of the Oklahoma City Municipal Code, 2002, amending Section 8-166 amending the age at which rabies vaccinations are given; permitting the use of multi-year vaccines; and providing for exceptions to rabies vaccination; amending Section 8-170, providing for the duration of rabies vaccination and establishing a minimum description of vaccinated dogs and cats in kennels or boarding facilities; amending Section 8-171, clarifying the publisher of the “Compendium of Animal Rabies Control”; and amending Section 8-172, permitting rabies vaccinations by or under the direct supervision of a veterinarian licensed in the State of Oklahoma.

ADOPTED.  ORD. #22,385.  MOVED BY RINEHART, SECONDED BY BOWMAN.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT:  RINEHART.  NEIGHBORHOOD SERVICES DEPARTMENT.

       F. Resolution establishing a procedure providing that the preceding Vice-Mayor shall preside over the Council meetings as Chairman Pro Tempore in the absence of the Mayor and the Vice-Mayor.

ADOPTED.  MOVED BY JOHNSON, SECONDED BY MCATEE.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT:  RINEHART.  CITY CLERK’S OFFICE.

       G. Enter into Executive Session with the Municipal Counselor to discuss the case of Myrna Holkum vs. The City of Oklahoma City in the Oklahoma County District Court, Case No. CJ-2002-7689, as authorized by 25 O.S. (2001) §307(B)(4).

ENTERED INTO EXECUTIVE SESSION.  MOVED BY SIMANK, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT: RINEHART.  INSTRUCTIONS WERE GIVEN.  MUNICIPAL COUNSELOR’S OFFICE.

VIII. H. Enter into Executive Session with the Municipal Counselor to discuss strategy in the pending litigation and potential settlement in the case, styled: Shauna E. Smith vs. The City of Oklahoma City, et.al., United States District Court for the Western District of Oklahoma, Case No. CIV-99-1842-R, as authorized by 25 O.S. (2001) §307(B)(4).

ENTERED INTO EXECUTIVE SESSION.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT: RINEHART.  INSTRUCTIONS WERE GIVEN.  MUNICIPAL COUNSELOR’S OFFICE.

     I. 1. Joint resolution with the Oklahoma City Municipal Facilities Authority authorizing Robert S. Lafferrandre to represent municipal employee, Oklahoma City Police Officer Elizabeth Ann Ali in the United States Court for the Western District of Oklahoma, Case No. CIV-03-969-C, styled: Michael Thierry vs. The City of Oklahoma City, et al.

          AND/OR

          2. Enter into Executive Session with the Municipal Counselor to discuss said case as authorized by 25 O.S. (2001) §307(B)(4).

ADOPTED:  I. 1.  NO ACTION TAKEN:  I. 2.  MOVED BY FOSHEE, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, MCATEE, FOSHEE, SIMANK AND JOHNSON.  ABSENT: RINEHART.  MUNICIPAL COUNSELOR’S OFFICE.

       J. 1. Resolution authorizing the Municipal Counselor to enter into an Agreed Journal Entry of Judgment in the Oklahoma County District Court Case of The City of Oklahoma City vs. Walter J. Trachsel and Maxine Trachsel, et al., Case No. CJ-02-10781.

          AND/OR

          2. Enter into Executive Session with the Municipal Counselor to discuss said case as authorized by 25 O.S. (2001) §307(B)(4).

ADOPTED:  J. 1.  NO ACTION TAKEN:  J. 2.  MOVED BY FOSHEE, SECONDED BY JOHNSON.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, FOSHEE, SIMANK AND JOHNSON.  ABSENT: MCATEE AND RINEHART.  MUNICIPAL COUNSELOR’S OFFICE.

VIII. K. 1. Claims recommended for denial:

          a. Clara Bennett  Unknown amount

          b. Tiffany Slape  Unknown amount

          c. David Vanderburg  $46

          AND/OR

          2. Enter into executive session with the Municipal Counselor to discuss the above claims as authorized by 25 O.S. (2001) §307(B)(4).

DENIED AS RECOMMENDED:  K. 1. a-c.  NO ACTION TAKEN:  K. 2.  MOVED BY JOHNSON, SECONDED BY SIMANK.  AYES:  VICE-MAYOR LIEBMANN, CORNETT, BOWMAN, FOSHEE, SIMANK AND JOHNSON.  ABSENT: MCATEE AND RINEHART.  MUNICIPAL COUNSELOR’S OFFICE.

   IX. Items from Council.

Mr. Cornett asked for an update on the progress of the wayfinding signage system.  Dan Boland, Engineering Administrator for Public Works, reported that by next week the implementation plan will be finalized and within one month some of the signs should be in place.

Mr. Cornett said he spoke with a group concerned about limited parking in the Bricktown area.  He asked if the wayfinding signage would direct people to parking areas.

Mr. Couch said the signs would point out parking areas.  In addition, he said The City has recently added 1,000 parking spaces on the north side of Bricktown, 600 have been added by Mr. Hammons next to the Ford Center, and another 1,000 are being added at the Galleria parking garage.

Mr. Bowman said he has received several complaints about red light running at two particular locations – NW 63^rd at May Avenue and NW Expressway at Lake Hefner Parkway.  He was wondering if cameras could be installed to monitor this potentially dangerous situation.

Mr. Bowman met with the Asian District Steering Committee and talked to the general manager of the new Asian grocery store.  He was pleased to report the new store’s sales are so high that $50,000 to $60,000 is being paid each month in sales tax to the Oklahoma Tax Commission.

   IX.

Mr. McAtee said he and his wife attended the Meridian Hills Neighborhood Association meeting last night.  Major Thompson, from the Fire Department, made a wonderful presentation at the event.  Mr. McAtee encouraged neighborhood associations to invite Major Thompson to speak at future events because he is so informative and does such a great job.

Mr. McAtee encouraged the Windsor Forest neighborhood to attend their meeting this Thursday night at 7:00 p.m. at the Forest Christian Church.

Mr. Rinehart asked if The City had considered selling surplus items over the Internet.

Mr. Couch said The City was currently working on a system designed for that purpose.

Mr. Foshee said he is concerned about the number of people moving in to Oklahoma City who are not registered to vote.  He said several Ward 5 business people have offered to have registration tables set up in their businesses.  Mr. Foshee said he would appreciate it if someone from the Election Board would contact him to discuss this issue.

Mr. Foshee was encouraged by the City Manager report on the Skirvin Hotel Redevelopment Project from the Oklahoma City Urban Renewal Authority.  He was pleased to learn that it will be reopened as a Hilton Hotel.

Ms. Simank said the Martin Luther King Day Celebration on Monday was good.  She read that Tulsa held a speech competition as part of their celebration.  She said young people studied the “I Have a Dream” speech and delivered the speech to a panel of judges.  She said it would be nice to look for unique ways that Oklahoma City could add to its Martin Luther King Day Celebration.

Ms. Simank said she attended a meeting yesterday at the YWCA where domestic violence issues were discussed.  She reported that the YWCA is applying for a $1.8 million grant through the Department of Justice and, if awarded, would be used to establish a Family Justice Center.  Ms. Simank asked if The City would draft a Memorandum of Understanding for this project. 

   IX.

Ms. Simank said Oklahoma City has a Domestic Violence Unit in the Police Department but does not have a domestic violence ordinance.  She said the Police respond to approximately 550 domestic violence incidents each month and many cases do not get prosecuted because there is no ordinance.  She asked if The City would consider drafting a domestic violence ordinance.

Ms. Johnson said her mother was a battered woman so she is very interested in the domestic violence issue.  She said she would like to co-sponsor the domestic violence ordinance.  She said years ago she worked with the YWCA to raise money to establish Safe Homes to help battered women.

Ms. Johnson asked if The City would work with the parade organizers to select a route for the Martin Luther King Day Parade, which would minimize inconveniences to the residents.

Ms. Johnson said the National Finals Rodeo was excellent and the Ford Center did a wonderful job of hosting.

Mr. Liebmann said today is the Asian New Year.

Mr. Liebmann said yesterday he was in Tulsa and met with the mayor.  He said Tulsa was surprised to find out Oklahoma City sales tax collections are up for the year.  He said the mayor was pleased that American Airlines is staying in Tulsa.  Mr. Liebmann said Tulsa is proud about recently passing their Vision 2025 and plan to build a new arena.

    X. Citizens to be Heard.

   XI. City Manager Reports.

     A. Vehicles for Families Program

Vice-Mayor Liebmann recognized Cherry Dienz, Program Coordinator for Vehicles for Families.  Ms. Dienz introduced several people responsible for making the program successful: Grady McCorkel, Chair of the Project Advisory Committee; Pepper Kamas, new Project Coordinator for Vehicles for Families Program; Joyce Howard, COTPA; Henry Casteel, Account Manager for NAPA Auto Parts; Reverend Dale Tremper, Skyline Urban Ministry; Sheila Arambula, Vice-Chair of the Project Advisory Committee; Lisa Linzy, Temporary Aid for Needy Parents Supervisor for DHS at the 23^rd Street Division; and Regina Nelson, Health Department Injury Prevention Specialist.

   XI. B. January 2004 Sales and Use Tax Collections

Mr. Couch said Sales Tax revenues are up $354,000 above the monthly target.  He said the Use Tax revenues are below target by $345,000.  Mr. Couch said year-to-date there is a net increase of $1.7 million which is great considering last year at this time we were down by $6 million.

  XII. Adjournment.  11:00 a.m.

Guy Liebmann, Vice-Mayor

ATTEST:

Frances Kersey,City Clerk

James D. Couch,City Manager